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MA Judge: Stop Saying 'Stop Snitching'

By TChris, Section Civil Liberties
Posted on Wed Jan 11, 2006 at 12:36:00 PM EST
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by TChris

The First Amendment right to free expression applies in courthouses, even if some might be offended by the message expressed. The Supreme Court in 1971 reversed the conviction of a man who wore a shirt in a courthouse that used a four-letter-word (yes, that one) to express the man’s negative feelings about the draft. The Court noted that the statute didn't address courtroom decorum, but was applicable across the state, rendering his presence in the courthouse irrelevant to the First Amendment inquiry.

A Massachusetts judge is unwilling to extend that precedent to protect the free speech rights of courthouse observers who express a message that is popular among criminal defense lawyers: "Stop Snitching." Expressing displeasure with tattle-tales seems harmless, but the judge viewed the shirts as an attempt to intimidate witnesses, and has banned the shirts from the courthouse.

[Judge Robert] Mulligan's policy, which takes effect immediately, says that anyone wearing "Stop Snitching" clothes will be barred from courthouses, and anyone seen wearing such clothing inside will be ejected.

Whether the prohibition violates the First Amendment presents an interesting question, as are the ramifications of the policy. What about a shirt that says “Presumed Innocent”? Or “Don’t trust lawyers”? What if an anti-snitch crusader attends a hearing where no witnesses are called and no jurors are present? Should the rules differ depending upon the ability of witnesses or jurors to read the shirt? Does an absolute ban on a particular message in a courthouse, regardless of circumstances, go too far?

Why, by the way, is "stop snitching" a good message to send? This TL post explains some of the problems that underlie the government's increasing reliance on unreliable snitches. (To learn about the TL version of the "stop snitching" shirt, go here.)

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    MA Judge: Stop Saying 'Stop Snitching' | 18 comments (18 topical)
    Re: MA Judge: Stop Saying 'Stop Snitching' (none / 0) (#1)
    by kdog on Wed Jan 11, 2006 at 12:51:37 PM EST
    Wake up and smell the freedom judge.

    Re: MA Judge: Stop Saying 'Stop Snitching' (none / 0) (#2)
    by Quaker in a Basement on Wed Jan 11, 2006 at 12:53:51 PM EST
    That's an excellent example of the difference between "what should be illegal" and "what a person with good sense would never do anyway".

    Re: MA Judge: Stop Saying 'Stop Snitching' (none / 0) (#3)
    by BigTex on Wed Jan 11, 2006 at 12:57:31 PM EST
    This isn't as harmless as TChris makes it seem. Don't Snitch is a mantra of rap/hiphop/ or whatever the heck that flavor of organized noise is called these days. Given that No Snitching is the mantra of a group known for violence, the judge has every reason to be concerned. Additionally, the don't snitch mentality runs afoul of some legal obligations. You are under a duty to report child abuse. Don't snitch is a directive to violate the law in that instance. F the draft was a political speech in a very raw form. One of the dissents said it best that the juvinile antic was very little speech and mostly conduct. The same can't be said for don't snitch. That is at a minimum a cry to not report illegal activity. It also is very possibly used to intimidate. Either way, the judge used his discretion to create a safer environment for potential jurors and for witnesses.

    Re: MA Judge: Stop Saying 'Stop Snitching' (none / 0) (#4)
    by kdog on Wed Jan 11, 2006 at 01:03:22 PM EST
    Don't Snitch is a mantra of rap/hiphop/
    That may be Tex, but where I'm from it also the mantra of the school yard and the street. Or the mantra of "stand-up guys". It's a lot older than hip-hop. I see a difference between "snitching" and "reporting". Snitching, to me anyway, implies selling out your cohorts in exchange for leniency, or being a career informant for the state...which is a far cry from reporting a case of child abuse. It may be subtle, but there is a difference.

    Re: MA Judge: Stop Saying 'Stop Snitching' (none / 0) (#5)
    by Talkleft Visitor on Wed Jan 11, 2006 at 01:08:12 PM EST
    In my courthouse, spectators are more likely to be wearing buttons saying "Remember "(the Dead/Raped/Defrauded Victim)" or wearing little angel pins or shirts to memorialize a victim, all in front of the jury. We/defense move to exclude them as prejudicial and inflammatory because they play off the sympathies of the jurors. I think its a case by case thing. If the shirt/button statement is prejudicial given the context of the case, its probably got to go.

    Re: MA Judge: Stop Saying 'Stop Snitching' (none / 0) (#6)
    by Dadler on Wed Jan 11, 2006 at 01:16:51 PM EST
    I'd settle for "Can't we ALL have more comfortable chairs?" Why just the judge? Seriously, tho, I would tend to agree with Otisishungry. If something is SO egregious, you have to at least call it into question. But you still err almost entirely on the side of basic free speech. You have to.

    Re: MA Judge: Stop Saying 'Stop Snitching' (none / 0) (#7)
    by Talkleft Visitor on Wed Jan 11, 2006 at 01:48:20 PM EST
    So as far as TChris is concerned, a gang member who turns state's evidence isn't seeing an attempt at intimidation when an "observng" gang member strolls into court wearing a shirt that says "stop snitching"? What color is the sky where TChris lives?

    Re: MA Judge: Stop Saying 'Stop Snitching' (none / 0) (#8)
    by nolo on Wed Jan 11, 2006 at 01:54:01 PM EST
    James R., I think you should read otisishungry's comment for perspective. If a judge thinks a t-shirt is going to be prejudicial to the conduct of a particular case, he can bar the t-shirt from the particular courtroom. But barring it from the courthouse in general? I'm for it, but only if we can bar every scrap of pro-victim kitsch as well.

    Re: MA Judge: Stop Saying 'Stop Snitching' (none / 0) (#9)
    by owenz on Wed Jan 11, 2006 at 01:59:44 PM EST
    In Boston, "stop snitching" has nothing to do with one criminal turning against another in order to cop a plea. The shirts are directed towards witnesses. In other words, if you witness a murder, you're "snitching" if you tell the police what you saw. That is the meaning. Anyone who lives here knows it. Boston has seen a major upsurge in murders in the last two years and the police are having an incredibly tough time getting witnesses to step forward in urban neighborhoods. Meanwhile, the "stop snitching" t-shirts can be seen all over Boston, mostly on young, black males. A murder defendant's mother recently made headlines by yelling "stop snitching" over and over inside a court room during a trial. My point here is not that the judge's decision is correct. It is probably unconstitutional. Just as Mayor Menino's attempt to ban the sale of the shirts in Boston stores was probably unconstitutional. Rather, my point is that this is a serious sociological problem that shouldn't be minimized. Urban culture in Boston has adopted the "stop snitching" mantra in full force, with half of the population pushing the theme and the other half, seemingly, cowering in fear over the repercussions. While there are certainly some first amendment concerns over the steps taken by this judge and mayor, most people are far more concerned with the double and triple-homicides happening on a weekly basis. Almost none are being solved by police.

    Re: MA Judge: Stop Saying 'Stop Snitching' (none / 0) (#10)
    by Lww on Wed Jan 11, 2006 at 03:32:00 PM EST
    I was watching Court-TV a few weeks ago, someone on the panel, talking about a dumb leftwinger, made the remark " well he does have a law degree." Another panelist responded with "having a law degree doesn't necessarily mean you're smart." Man was he right.

    Re: MA Judge: Stop Saying 'Stop Snitching' (none / 0) (#11)
    by Sailor on Wed Jan 11, 2006 at 05:15:14 PM EST
    Given that No Snitching is the mantra of a group known for violence
    Yep, them defense lawyers are a fiesty bunch;-) At worst case, jurors aren't going to be intimidated. Witnesses might be, but frankly NOT wearing the shirt and staring down the wit will have a more intimidating affect. So what will the judge do nxt, bar 'nasty looks' in the courtroom? So far as JR is concerned a judge can gag and torture any witnesses or onlookers that the judge doesn't like the look of. (not really, but it made about as much sense as JR's bizarre putting of words in TC's mouth.) BTW, nice post otisishungry.

    Re: MA Judge: Stop Saying 'Stop Snitching' (none / 0) (#12)
    by Johnny on Wed Jan 11, 2006 at 05:37:21 PM EST
    Wow I think LWW just had a dig at TCris...

    Re: MA Judge: Stop Saying 'Stop Snitching' (none / 0) (#13)
    by Talkleft Visitor on Wed Jan 11, 2006 at 06:22:06 PM EST
    This is a tough question. If I were reading this article from anywhere else in the country I would side with the freedom people without question. However, my perspective is that of a person living 1 minute outside of Boston. The homicide is at a 10 year high and the percentage of solved homicides is a paltry 30%. We are experiencing a shooting or stabbing nearly every day here and no one is coming forward because of this "code of silence." I definitely err on the side of freedom but I guess I just wanted to bring the picture into a little more focus for those whose knee jerk reaction is freedom at all costs.

    Re: MA Judge: Stop Saying 'Stop Snitching' (none / 0) (#14)
    by Sailor on Wed Jan 11, 2006 at 07:38:25 PM EST
    Also, no one will be allowed to operate cell phones equipped with still or video cameras inside a courtroom.
    Why would anyone be able to use a cell phone inside a courtroom for any purpose? So now it's about cell phones, not T-shirts. The judge not only moved the goal posts, he morphed them.

    Re: MA Judge: Stop Saying 'Stop Snitching' (none / 0) (#15)
    by Aaron on Wed Jan 11, 2006 at 07:55:49 PM EST
    I don't have a problem with a "Stop Snitching" T-shirts, depending upon the context and specific situation. But I do believe the judge made the correct decision, because such things have no place in a court room. No one has the right to try to influence or temper with witnesses, be it spoken or unspoken. Such a thing could intimidate witnesses in a number of sensitive cases. One example would be, a father who is on trial for sexually abusing his child, and the entire family shows up with Stop Snitching T-shirts on. Just imagine the kind of pressure this unspoken rebuke would place on a child, to see their parents and siblings sitting before them wearing this message while they are try to testify against their own father who perhaps is wearing such a shirt himself. Can anyone here make the argument that such a display would not place undue pressure on any witness, let alone a child. Judges need to be able to control the court room environment and be able to shield witnesses from intimidation so that justice can be done.

    Re: MA Judge: Stop Saying 'Stop Snitching' (none / 0) (#16)
    by Talkleft Visitor on Wed Jan 11, 2006 at 10:12:59 PM EST
    Sailor said: "So far as JR is concerned a judge can gag and torture any witnesses or onlookers that the judge doesn't like the look of. (not really, but it made about as much sense as JR's bizarre putting of words in TC's mouth.)" TChris seems incapable of seeing the possibility of intimidation - which is astonishing. Banishing a t-shirt from a court is not censorship, anymore than banishing phone conversations from a theater is. There's a time and a place for things, and a court is not a place for intimidation.

    Re: MA Judge: Stop Saying 'Stop Snitching' (none / 0) (#17)
    by tps12 on Thu Jan 12, 2006 at 05:14:32 AM EST
    Everyone in the courtroom, judge, jury, attorneys, observers, should be issued plain jumpsuits. These should be identical or maybe color-coded to indicate the wearer's role. Also goggles.

    Re: MA Judge: Stop Saying 'Stop Snitching' (none / 0) (#18)
    by Talkleft Visitor on Thu Jan 12, 2006 at 05:13:17 PM EST
    Clearly an attempt to intimidate. The judge was quite correct. "Expressing displeasure with tattle-tales"--please.

    MA Judge: Stop Saying 'Stop Snitching' | 18 comments (18 topical)